Even experienced project and building construction management teams are challenged by strict contract notice and documentation requirements as may be required under the applicable construction contract (the “Contract”), potentially resulting in the inadvertent forfeiture, waiver, or loss of important rights and remedies. Imagine, for example, that a work stoppage has occurred on a construction project due to an event beyond the control or responsibility of the construction company (the “Construction Company”), thereby possibly triggering a number of notice requirements under the Contract. In order to get time and financial relief, the Contract requires that the Construction Company provide the applicable legal notice (the “Notice”) to the owner of the project (the “Owner”) and the architect (the “Architect”).
This common practice occurs in one of two ways; either someone on the Construction Company's project staff writes a memo or letter using his or her best judgment as to what they think the Contract requires, relying upon the generalized knowledge of what is required under most Contracts in such circumstances, or alternatively, the staff member properly researches the Contract, drafts a letter and has it reviewed by a superior in the Construction Company or the Construction Company's legal counsel to ensure that it complies with the Contract. In either case, the result is often neither efficient nor effective. In the first case, there is a very good chance that the notice is insufficient and will be the source of legal problems later on. In the alternative case, the letter may be fine, but the time it has taken to ensure that result distracts the project staff from other important responsibilities. This situation is far from ideal, and if enough such circumstances arise, can have negative effects such as constraining the productivity of construction companies, exposing them to legal liability, and/or the like.
The present invention will enable a project manager to manage and eliminate the risk of required notice procedures with a software risk-management system, method and process.